2010 610 55123 v. NOTE TO WEST PUBLISHING THE COURT HAS DIRECTED THAT THIS ORDER BE PUBLISHED IN THE SAME ADVANCE REPORTS THAT CONTAIN THE OPINIONS DATED THIS ORDER IS NOT TO BE WITHHELD FROM PUBLICATION IN THAT ADVANCE REPORT FOR ANY REASON (2010)

Court of Appeals of Virginia.

WALTER S. FELTON, JR. LARRY G. ELDER ROBERT P. FRANK ROBERT J. HUMPHREYS D. ARTHUR KELSEY ELIZABETH A. McCLANAHAN JAMES W. HALEY, JR. WILLIAM G. PETTY RANDOLPH A. BEALES CLEO E. POWELL ROSSIE D. ALSTON, JR. SENIOR , 2010 Mr. David M. George Judicial Relations Counsel Editorial Department D-4 West Publishing Company 610 Opperman Drive Eagan, Minnesota 55123 Re:  Russell Ernest Smith v. Commonwealth of Virginia Mr. George:  I am enclosing to you a copy of an order entered by this Court in the above-referenced case on. An opinion was previously rendered in this case on. The Court has directed that this order be published in the appropriate volumes.  I appreciate your cooperation in ensuring that publication is accomplished.  NOTE TO WEST PUBLISHING:  THE COURT HAS DIRECTED THAT THIS ORDER BE PUBLISHED IN THE SAME ADVANCE REPORTS THAT CONTAIN THE OPINIONS DATED. THIS ORDER IS NOT TO BE WITHHELD FROM PUBLICATION IN THAT ADVANCE REPORT FOR ANY REASON.  Sincerely, Marty K.P. Ring Deputy Clerk Enclosure

Record No. 0364-09-1

Decided: June 01, 2010